Navigation

Archive | Condemnation Procedures

April 29, 2013

NYLJ Article: Condemnors Behaving Badly

Two GRRH partners, Michael Rikon and M. Robert Goldstein, recently published an article in the New York Law Journal titled “Condemnors Behaving Badly.” The focus of the article is on one bad-faith practice often utilized by condemnors in New York: making a pre-vesting offer (as required by law), and then when this offer is rejected as full compensation, filing another appraisal for a lower amount. This is a problem for the claimant because the claimant is being punished for asserting its constitutional right to just compensation. This coercive practice is… read more

By
Posted in Condemnation Procedures, Legislation, New York, Offer & Compensation, Published Articles
Read more > 0

March 1, 2013

Pre-vesting Offers and the Duty to Negotiate

A recent case decided by the New Jersey Appellate Division has highlighted the rule that condemning municipalities do not have a duty to negotiate with mortgagees when condemning a property on which they hold an interest. Borough of Merchantville v. Malik & Son, LLC, handed down on February 5th, specifically held that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the property.* Thus, the municipality did not have to conduct negotiations with the assignee of a mortgagee which had obtained a final judgment of foreclosure. A little bit of… read more

By
Posted in Condemnation Procedures, New York, Offer & Compensation, Recent cases, Uncategorized
Read more > 0